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In a precedential opinion issued last month, the Court of Appeals for the Federal Circuit (“Federal Circuit”) held that when the single issue presented on appeal is whether a prior art...
Illinois’ Biometric Information Privacy Act is one of the most-litigated privacy statutes, but aspects of the law remain unsettled. Two appeals, Cothron v. White Castle System, Inc. and Tims v. Black Horse Carriers, Inc., will clarify BIPA claims statute of limitations.
The USPTO Patent Trial and Appeal Board (PTAB) has increasingly used its discretionary denial authority in recent years. Although the PTAB’s discretion under 35 U.S.C. § 314(a) and...
In most cases, a patent holder's right to collect damages and exclude others from practicing the claims of a U.S. patent stops at the border.
The Federal Circuit's recent precedential decision in SRI Int'l., Inc. v. Cisco Sys., Inc. (Fed. Cir. 2021) clarified the test for willful infringement.